use and protection of intellectual property in online

8/3/2019 Use and Protection of Intellectual Property in Online

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Use and Protection of IntellectualProperty in Online Business

C. S. Bopegama10/8553K



Outline• What is Intellectual Property?• Categories of use Intellectual Property• What is Copyrights ?• What is Patent ?• What is Trademark ?• What is Tradename?• Protecting Intellectual Property Online• Summary•

References



What is Intellectual Property?

Intellectual property (IP)refers to creations of the all tangible and intangible

products of the mind:inventions, literary andartistic works, andsymbols, names, images,and designs used incommerce



Categories of Intellectual Property

Intellectual property Protections afforded by

– Copyrights

– Patents

– trademarks registration

– service marks (used to identify services provided)



What is “copyright”?

• Copyright is a legal term

describing rights given to

creators for their literaryand artistic works.

YouTube Deletes 30,000 Files After a Copyright Complaint

TOKYO, Oct. 20 (AP) — The popular video-sharing siteYouTube deleted nearly 30,000 files after a Japaneseentertainment group complained of copyrightinfringement. (NY Times 10/23/06)



Importance of copyright

• Respect intellectual rights of creators of information

• Reward creativity of authors, artists,musicians, etc.

• Legal mandate•

Model proper behavior for students, teachers,and other members of educationalcommunity



What is covered by copyright?

• literary works such as novels, poems, plays,reference works, newspapers and computerprograms; databases;

• films, musical compositions, andchoreography;

• artistic works such as paintings, drawings,

photographs and sculpture; architecture;• and advertisements, maps and technical

drawings.



What is not covered by copyright?

• ideas• facts• recipes• blank forms• stock literary devices• works lacking originality (e.g. the phone book)• names, titles or short phrases• works from the federal government



Protections on Copyright

A copyright gives sole and exclusive rights toprint, publish or sell

Library and classroom exemptions

Fair use - Copyrighted material can be usedwithout alteration for education, research, andcriticism



Duration of Copyright

Copyright in a literary work, lasts for the-

• Author’s lifetime plus 50 years from the end of

The calendar year in which the author dies• 50 years for films and sound recordings• 25 years for typographical arrangements of a

published edition• Moral rights last for as long as Copyright and can

not be assigned• An author may waive his/her moral rights by

signing an agreement to that effect



What is “Patent” ?

• A Patent is an exclusive right to make, use, andsell an invention that a government grants tothe inventor.

• In the US, patents on inventions protect theinvestor’s rights for 20 years.

• To be patentable, an invention must begenuine, novel, useful and not obvious giventhe current state of technology.



Patent types

• Design patents : A patent on the design for aninvention provides protection for 14 years.

• Plant patents : A patent on the plants forprotection artificially produced plant life.

• Utility patents : A patent on protection of processes, inventions, composition of matter,and new and useful devices.



Business process patent

A US Court of appeals rued in 1998 that patentscould be granted on “ methods of doing business”.

–

Protects a specific set of procedures for conducting aparticular business activity.

Name your own price (priceline.com)



• Enforcing rights under business process patent – Not yet clear – Examples:

• Amazon.com sued Barnes & Noble for process similarto 1-Click method

• MercExchange sued eBay over fixed price sales option• Digimarc Corporation recently received a patent for its

digital watermark technology that adds a distortion tographical, video, or audio content, indicating acopyright protects it. An automated monitoring servicetracks these files and gives site owners alerts whenusers upload them on a user-generated site. Digimarc

CEO Bruce Davis considers digital watermarking asignificant development for the entertainmentdistribution business

http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/PTO/srchnum.htm&r=1&f=G&l=50&s1=7171016.PN.&OS=PN/7171016&RS=PN/7171016

http://www.webpronews.com/topnews/2007/03/01/digital-watermark-is-dog-whistle-for-copyright-holders

http://www.webpronews.com/topnews/2007/03/01/digital-watermark-is-dog-whistle-for-copyright-holders

http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/PTO/srchnum.htm&r=1&f=G&l=50&s1=7171016.PN.&OS=PN/7171016&RS=PN/7171016



Patent issues• Cross-licensing:

Firm A contend that Firm B’s invention contains aninvention previously patented by Firm A.Firm B can cross-license the inner patent from Firm A by

paying appropriate royalties.• Invalidated patents:

Before the invention date on patent application inventionwas in use.

Before one year invention patent filing invention wasbeing used.



What is a “Trademark”?

• A trademark is a distinctive mark, device,motto or implement that a company affixes tothe goods it produces for identification

purposes.• The name (or a part of that name) that a

business uses to identify itself is called a tradename.

• Trademark can protected only as long ascontinues to enforce .



How enforce trademark ?•

The United States Patent and TrademarkOffice (PTO or USPTO) is an agency in theUnited States Department of Commerce that

issues patents to inventors and businesses fortheir inventions, and trademark registrationfor product and intellectual propertyidentification.

• Before registration trademark indicated by the TM symbol after product name .

• After registration trademark indicated by the ®symbol after product name.



What is “Service Mark”?

• A Service Mark is similar to a trademark, but itis used to identify services provided.

• In the US, trademarks and service marks canbe registered with state governments.

• Web site designers must not use: – Any trademarked name, logo, other identifying

mark• Without express trademark owner permission



Protecting Intellectual Property Online

• Digital watermark – Digital code or stream embedded undetectably in

digital image or audio file• Can be encrypted to protect contents

– Example: Verance• Provides digital audio watermarking systems

– Example: Digimarc• Provides watermark protection systems and software

• Copy control – Electronic mechanism limiting number of copies



Defamation

• Defamatory statement – False and injures the reputation of another person

or company• Product disparagement

– If defamatory statement injures the reputation of a product or service instead of a person ,it iscalled Product disparagement.

– Commercial Web sites should avoid makingnegative, evaluative statements about otherpersons or products.



Per se defamation

• A court deems some types of statements that

to be so negative that injury is assumed. Then

most states recognize a legal cause of action

called Per se defamation.



Deceptive Trade Practices

• Website designers can edit graphics, audioand video files to do many creative andinteresting things. But these objects beingmanipulated are trademarked then thesemanipulations can violate the trademarkholder’s rights.



Trademark dilution• Trademark protection prevents another firm from

using the same or a similar name, logo.E.g. – trademark name VISA is used by one

company for credit cards and another companyfor synthethetic fiber. This use is acceptable forvery different two products.

For prevent trademark dilution various state lawsdefine.-shape of the Coca-Cola bottle have beenprotected from dilution by court rulings.



Summary

• Intellectual property includes copyrights,patents, trademarks and service marks

• Protection of intellectual property includes - – Digital watermark – Copy control – Defamation –

Per se defamation – Deceptive Trade Practices – Trademark dilution



References

• 3 rd annual edition-Electronic Commerce, GaryP. Schneider

• http://cas.uum.edu.my • Intellectual Property in the 21st Century - The

Japanese• http://www.wipo.int/about-ip/en/index.html

http://cas.uum.edu.my/

http://cas.uum.edu.my/



Thank You !!!

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